Fraternity-Testvériség, 1964 (42. évfolyam, 1-12. szám)

1964-06-01 / 6. szám

22

FRATERNITY

amount involved and Dr. Csorba won his case by default when the Federation decided not to resist his claim.

(c) In connection with the death of Simon Balazs, Certificate No. 28213, a law suit was instituted in the Court of Common Pleas of Cuyahoga County, Ohio, by the son of the deceased, seeking a preliminary injunction to restrain the Federation from paying out any proceeds under the certificate involved. Previous to the institution of this suit, another suit was instituted by the same party against one of the old line companies in which the payment of those funds were prohibited by the Court pending a full hearing and determination of all issues. The same reasoning and the same procedure was resorted to in our case in an effort to tie up the funds which were due and payable both under the certificate and under the provisions of our By-Laws. After a hearing on the preliminary issues raised and on the preliminary injunction sought, the injunction proceedings were dismissed, the Court specifically holding that such payment was authorized both under the terms of the certificate and under the provisions of our By-Laws.

(d) Two basic problems arose in connection with the operation of

the Bethlen Home. One was a petition for an exemption from the payment of real estate taxes and the other was an effort to relieve the Home from the payment of tuition for its children. The latter question, by reason of the inability or unwillingness of parents or guardians to pay for the tuition of children sent to our Home from states other than Pennsylvania, has become so acute that some effort had to be made to try to resolve this question. The position of the school authorities was to the effect that children coming into Pennsylvania and residing in the Home must pay the monthly tuition charge, regardless of whether or not they are in the Home on a temporary or a permanent basis. Recognizing that this is the law of Pennsylvania, I have obtained from the parents or foster parents of every child residing in the Home, the authorization to the Home to act as legal

guardian of said children. This legal maneuver would place all of the children in the Home in a status of legal residents of Pennsylvania,

thereby eliminating the necessity of paying tuition for their attendance in school. Having failed to resolve this question amicably with the School District of Ligonier Valley, Pennsylvania, an action was instituted on what is known in the law as a case stated, which is pending in the Courts of Westmoreland County. Admittedly this problem has serious legal questions of law involved, but we have every hope of obtaining a favorable decision, and, if this move is successful, it will

relieve the Bethlen Home of the payment of tuition fees in excess

of $10,000.00.

Recognizing that the simultaneous filing of the above action with proceedings to eliminate the payment of real estate taxes on properties owned by the Home would present even a greater concerted effort to defeat the move of the Home, it was felt best that the latter proceedings be held in abeyance pending the determination of the tuition question.